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On The Examination Of Witness In Chinese Criminal Trial

Posted on:2012-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ShiFull Text:PDF
GTID:2256330392461867Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal proceedings in the court investigation procedure usually consists of proof andcross-examination part two. Court is a court trial in court on the parties to produce evidence toconfront, verification activities. In this process, opposing both parties around the evidenceability and certificate strength of unfolding evidence debate.China’s Criminal Procedure Lawin1996refers to the experience of cross-examination model considerably,and turns the wayof examination of witness in the criminal trial to a way chiefly dominated by the accused andthe defense. However, the effect of this system in the judicial practice is not satisfying due tothe drawbacks in legislation and the imperfections of judicial system. This paper analyses twomodels of questioning the witness in the criminal trial from the viewpoint of comparative lawand mainly discusses the value and mechanism of cross-examination model. On this basis,the paper focuses on the analysis of the legislative and judicial issues of China’switness-questioning system in the criminal trial,and finally concludes that the innovation pathof China’s witness-examination system shall be establishing and perfecting the specificaspects of the system under the premise of the improvement of the external judicialenvironment.
Keywords/Search Tags:Examination of witness, Criminal trial, Cross-examination
PDF Full Text Request
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